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respectively, were given to Michael by Ellen in the amount of Php50,000.00
each. However, when Michael tried to encash the checks before the drawee
bank, he was informed that the subject account was already closed. When
Michael returned to the agency, he was promised that he would leave for
deployment after Chinese New Year in February 2009. When Michael was not
able to leave after Chinese New Year, the agency promised him again that he
would leave after holy week. However, still he was not deployed for
employment.
Marlone Papio knew accused-appellant Isabel Rios and accused Ellen
Maborang. On August 6, 2007, Marlone applied for overseas employment at
Green Pastures. Ellen was the one who handled his application, requiring
him to pay the placement fee of Php145,000.00. Marlone paid the placement
fee of Php145,000.00 to Ellen. However, no receipt was issued to him. Since
he was not deployed abroad, he, together with Michael Custodio filed a case
against the accused.[21]
After the prosecution rested its case, Rios filed a Demurrer to Evidence[22] averring
that the prosecution's evidence had failed to prove that she violated Section 6,
paragraphs (l) and (m) of RA 8042 and Article 315(2)(a) of the RPC. The RTC dismissed
the Demurrer in its Order[23] dated December 29, 2010 and the trial proceeded.
The evidence for the defense, as summarized by the CA, is quoted as follows:
To refute the accusations leveled against the accused, the defense presented
accused-appellant herself, Isabel Rios, Senior Labor and Employment
Licensing Officer of the POEA, Eraida Dumigpi, and Evaluator of the POEA,
Roberto De La Cruz.
In her defense, Isabel Rios admitted that she is the President and Manager
of Green Pastures. Green Pastures received Php70,000.00 from private
complainant Liwayway Tiglao, Php 70,000.00 from private complainant Rico
Dacillo, Php80,000.00 from Eduardo Milanes, Php55,000.00 from Marlone
Papio, and Php60,000.00 from Micheal (sic) Custodio, for which Green
Pastures was willing to give reimbursement. However, Isabel maintained
that despite having a job order, they were not able to deploy private
complainants during that time because Taiwan was experiencing economic
problems wherein employers were forced to stop with the hiring. Also, Isabel
denied having received money from Victoriano Agcaoili, Jr., Mylene Arevalo,
and Elmer de Mata.
Eraida Dumigpi testified that she is the Senior Labor and Employment
Licensing Officer of the POEA, with office address at POEA Building, Ortigas
corner EDSA, Mandaluyong City. Green Pastures is a duly licensed
recruitment agency with the POEA and Isabel Rios is its president.
Roberto dela Cruz testified that indeed, Green Pastures had job orders for
Taiwan as shown in the Job Order Balance Report.[24]
The RTC Decision
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66232
6/29